Judgement n˚ 135/2019
The Belgian Constitutional Court refers ten preliminary questions to the Court of Justice concerning the obligation to transfer passenger information
Judgement n˚ 99/2019
The Belgian Constitutional Court holds that the federal Gender Recognition Act of 25 June 2017 is unconstitutional on several points. The Act contains a lacuna in so far as the sex registration in the birth certificate is limited to the binary categories of male or female. Based on the principle of self-determination, the federal legislature enables individuals to change the sex registration in their birth certificate in accordance with their inner conviction. From this perspective, it is not reasonably justified that persons with a non-binary gender identity are required to accept a sex registration in their birth certificate based on the male/female classification when this does not correspond to their inner perceived gender identity. However, it falls solely upon the legislature to remedy this unconstitutionality. The Court, in addition, annuls the provisions that render the modification of the sex registration in the birth certificate in principle irrevocable and only allow for a single first name change for transgenders. Despite the fact that through an exceptional procedure before the Family Court one can revert back to the original sex, this cannot be considered justified in light of the objectives pursued as it discriminates persons with a fluid gender identity.
Judgement n˚ 53/2019
In the case on the Flemish Act introducing a general ban on slaughter without stunning, the Belgian Constitutional Court refers three questions to the Court of Justice of the European Union, before ruling on the substance of the case. The Belgian Constitutional Court is required to bring the matter before the Court of Justice, as there is doubt regarding the interpretation and the validity of the 2009 European regulation on the protection of animals at the time of killing. With respect to the actions for annulment of the Walloon Act, the Belgian Constitutional Court finds that the provision on the general ban on slaughter without stunning has been removed before it has ever taken effect. Therefore, these actions have become without object. The ban is now included in the Walloon Animal Welfare Code.
Judgement n˚ 52/2019
In the case on the Flemish Act introducing a general ban on slaughter without stunning, the Belgian Constitutional Court refers three questions to the Court of Justice of the European Union, before ruling on the substance of the case. The Belgian Constitutional Court is required to bring the matter before the Court of Justice, as there is doubt regarding the interpretation and the validity of the 2009 European regulation on the protection of animals at the time of killing. With respect to the actions for annulment of the Walloon Act, the Belgian Constitutional Court finds that the provision on the general ban on slaughter without stunning has been removed before it has ever taken effect. Therefore, these actions have become without object. The ban is now included in the Walloon Animal Welfare Code.